62 d Congress 
1st Session 


Session 


SENATE 


Document 


No. 91 


U.S, T*/=AfS, eXi., R 



ARBITRATION WITH GREAT BRITAIN 


MESSAGE 


FROM THE 


PRESIDENT OF THE UNITED STATES 


TRANSMITTING 


AN AUTHENTICATED COPY OF A TREATY SIGNED BY THE 
PLENIPOTENTIARIES OF THE UNITED STATES AND GREAT 
BRITAIN ON AUGUST 3, 1911, EXTENDING THE SCOPE AND 
OBLIGATION OF THE POLICY OF ARBITRATION ADOPTED 
IN THE PRESENT ARBITRATION TREATY OF APRIL 4, 1908, 
BETWEEN THE TWO COUNTRIES, SO AS TO EXCLUDE CER¬ 
TAIN EXCEPTIONS CONTAINED IN THAT TREATY AND TO 
PROVIDE MEANS FOR THE PEACEFUL SOLUTION OF ALL 
QUESTIONS OF DIFFERENCE WHICH IT SHALL BE FOUND 
IMPOSSIBLE IN FUTURE TO SETTLE BY DIPLOMACY :: :: 



PRESENTED BY MR. LODGE 


August 12, 1911. — Ordered to be printed 


WASHINGTON 

1911 








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ARBITRATION WITH GREAT BRITAIN. 


MESSAGE 


FROM THE 

PRESIDENT OF THE UNITED STATES, 

TRANSMITTING 

AN AUTHENTICATED COPY OF A TREATY SIGNED BY THE PLENI¬ 
POTENTIARIES OF THE UNITED STATES AND GREAT BRITAIN 
ON AUGUST 3, 1911, EXTENDING THE SCOPE AND OBLIGATION 
OF THE POLICY OF ARBITRATION ADOPTED IN THE PRESENT 
ARBITRATION TREATY OF APRIL 4, 1908, BETWEEN THE TWO 
COUNTRIES, SO AS TO EXCLUDE CERTAIN EXCEPTIONS CON¬ 
TAINED IN THAT TREATY AND TO PROVIDE MEANS FOR THE 
PEACEFUL SOLUTION OF ALL QUESTIONS OF DIFFERENCE WHICH 
IT SHALL BE FOUND IMPOSSIBLE IN FUTURE TO SETTLE BY 
DIPLOMACY. 


August 5, 1911. —Read; convention read the first time and referred to the Committee 
on Foreign Relations, and, together with the message and accompanying papers, 
ordered to be printed in confidence for the use of the Senate. 

August 5, 1911. —Injunction of secrecy removed. 


To the Senate: 

With a view to receiving the advice and consent of the Senate to 
the ratification of the treaty, I transmit herewith an authenticated 
copy of a treaty signed by the plenipotentiaries of the United States 
and Great Britain on August 3, 1911, extending the scope and obli¬ 
gation of the policy of arbitration adopted in the present arbitration 
treaty of April 4, 1908, between the two countries, so as to exclude 
certain exceptions contained in that treaty and to provide means 
for the peaceful solution of all questions of difference which it shall 
be found impossible in future to settle by diplomacy. 

Wm. II. Taft. 


The White House, 

Washington, August 4, 1911, 


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ARBITRATION WITH GREAT BRITAIN. 


The United States of America and His Majesty the King of the 
United Kingdom of Great Britain and Ireland and of the British 
Dominions beyond the Seas, Emperor of India, being equally 
desirous of perpetuating the peace, which has happily existed 
between the two nations, as established in 1814 by the Treaty of 
Ghent, and has never since been interrupted by an appeal to 
arms, and which has been confirmed and strengthened in recent 
years by a number of treaties whereby pending controversies 
have been adjusted by agreement or settled by arbitration or 
otherwise provided for; so that now for the first time there are 
no important questions of difference outstanding between them, 
and being resolved that no future differences shall be a cause of 
hostilities between them or interrupt their good relations and 
friendship; 

The High Contracting Parties have, therefore, determined, in 
furtherance of these ends, to conclude a treaty extending the 
scope and obligations of the policy of arbitration adopted in 
their present arbitration treaty of April 4, 1908, so as to exclude 
certain exceptions contained in that treaty and to provide 
means for the peaceful solution of all questions of difference 
which it shall be found impossible in future to settle by diplo¬ 
macy, and for that purpose they have appointed as their respec¬ 
tive Plenipotentiaries: 

The President of the United States of America, the Honorable 
Philander C. Knox, Secretary of State of the United States; 
and 

His Britannic Majesty, the Right Honorable James Bryce, 
O. M., his Ambassador Extraordinary and Plenipotentiary 
at Washington; 

Who, having communicated to one another their full powers, 
found in good and due form, have agreed upon the following 
articles: 

Article I. 

All differences hereafter arising between the High Contracting 
Parties, which it has not been possible to adjust by diplomacy, 
relating to international matters in which the High Contracting 
Parties are concerned by virtue of a claim of right made by one 
against the other under treaty or otherwise, and which are justici¬ 
able in their nature by reason of being susceptible of decision by 


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ARBITRATION WITH GREAT BRITAIN. 


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the application of the principles of law or equity, shall be sub¬ 
mitted to the Permanent Court of Arbitration established at 
The Hague by the Convention of October 18, 1907, or to some 
other arbitral tribunal as may be decided in each case by special 
agreement, which special agreement shall provide for the organ¬ 
ization of such tribunal if necessary, define the scope of the powers 
of the arbitrators, the question or questions at issue, and settle 
the terms of reference and the procedure thereunder. 

The provisions of Articles 37 to 90, inclusive, of the Conven¬ 
tion for the Pacific Settlement of International Disputes con¬ 
cluded at the Second Peace Conference at The Hague on the 18th 
October, 1907, so far as applicable, and unless they are incon¬ 
sistent with or modified by the provisions of the special agree¬ 
ment to be concluded in each case, and excepting Articles 53 
and 54 of such Convention, shall govern the arbitration proceed¬ 
ings to be taken under this Treaty. 

The special agreement in each case shall be made on the part of 
the United States by the President of the United States, by and 
with the advice and consent of the Senate thereof, His Majesty’s 
Government reserving the right before concluding a special agree¬ 
ment in any matter affecting the interests of a self-governing 
dominion of the British Empire to obtain the concurrence therein 
of the government of that dominion. 

Such agreements shall be binding when confirmed by the two 
Governments by an exchange of notes. 

Article II. 

The High Contracting Parties further agree to institute as 
occasion arises, and as hereinafter provided, a Joint High Com¬ 
mission of Inquiry to which, upon the request of either Party, 
shall be referred for impartial and conscientious investigation 
any controversy between the Parties within the scope of Article 
I, before such controversy has been submitted to arbitration, 
and also any other controversy hereafter arising between them 
even if they are not agreed that it falls within the scope of 
Article I; provided, however, that such reference may be post¬ 
poned until the expiration of one }^ear after the date of the 
formal request therefor, in order to afford an opportunity for 
diplomatic discussion and adjustment of the questions in con¬ 
troversy, if either Party desires such postponement. 


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ARBITRATION WITH GREAT BRITAIN. 


Whenever a question or matter of difference is referred to the 
Joint High Commission of Inquiry, as herein provided, each of 
the High Contracting Parties shall designate three of its nationals 
to act as members of the Commission of Inquiry for the pur¬ 
poses of such reference; or the Commission may be otherwise 
constituted in any particular case by the terms of reference, 
the membership of the Commission and the terms of reference 
to be determined in each case by an exchange of notes. 

The provisions.of Articles 9 to 36, inclusive, of the Convention 
for the Pacific Settlement of International Disputes concluded 
at The Hague on the 18th October, 1907, so far as applicable and 
unless they are inconsistent with the provisions of this Treaty, 
or are modified by the terms of reference agreed upon in any 
particular case, shall govern the organization and procedure of 
the Commission. 

Article III. 

The Joint High Commission of Inquiry, instituted in each case 
as provided for in Article II, is authorized to examine into and 
report upon the particular questions or matters referred to it, 
for the purpose of facilitating the solution of disputes by eluci¬ 
dating the facts, and to define the issues presented by such 
questions, and also to include in its report such recommenda¬ 
tions and conclusions as may be appropriate. 

The reports of the Commission shall not be regarded as deci¬ 
sions of the questions or matters so submitted either on the 
facts or on the law and shall in no way have the character of an 
arbitral award. 

It is further agreed, however, that in cases in which the Par¬ 
ties disagree as to whether or not a difference is subject to 
arbitration under Article I of this Treaty, that question shall be 
submitted to the Joint High Commission of Inquiry; and if all 
or all but one of the members of the Commission agree and report 
that such difference is within the scope of Article I, it shall be 
referred to arbitration in accordance with the provisions of this 

Treaty. 

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Article IV. 

The Commission shall have power to administer oaths to 
witnesses and take evidence on oath whenever deemed necessary 
in any proceeding, or inquiry, or matter within its jurisdiction 


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ARBITRATION WITH GREAT BRITAIN. 


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under this Treaty; and the High Contracting Parties agree to 
adopt such legislation as may be appropriate and necessary to 
give the Commission the powers above mentioned, and to pro¬ 
vide for the issue of subpoenas and for compelling the attendance 
of witnesses in the proceedings before the Commission. 

On the inquiry both sides must be heard, and each Party is 
entitled to appoint an Agent, whose duty it shall be to represent 
his Government before the Commission and to present to the Com¬ 
mission, either personally or through counsel retained for that 
purpose, such evidence and arguments as he may deem necessary 
and appropriate for the information of the Commission. 

Article Y. 

The Commission shall meet whenever called upon to make an 
examination and report under the terms of this Treaty, and the 
Commission may fix such times and places for its meetings as 
may be necessary, subject at all times to special call or direction 
of the two Governments. Each Commissioner, upon the first 
joint meeting of the Commission after his appointment, shall, 
before proceeding with the work of the Commission, make and 
subscribe a solemn declaration in writing that he will faithfully 
and impartially perform the duties imposed upon him under this 
Treaty, and such declaration shall be entered on the records of 
the proceedings of the Commission. 

The United States and British sections of the Commission may 
each appoint a secretary, and these shall act as joint secretaries 
of the Commission at its joint sessions, and the Commission may 
employ experts and clerical assistants from time to time as it 
may deem advisable. The salaries and personal expenses of 
the Commission and of the agents and counsel and of the sec¬ 
retaries shall be paid by their respective Governments and all 
reasonable and necessary joint expenses of the Commission 
incurred by it shall be paid in equal moieties by the High Con¬ 
tracting Parties. 

Article VI. 

This Treaty shall supersede the Arbitration Treaty concluded 
between the High Contracting Parties on April 4, 1908, but all 
agreements, awards, and proceedings under that Treaty shall 
continue in force and effect and this Treaty shall not affect in any 
way the provisions of the Treaty of January 11, 1909, relating to 


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ARBITRATION WITH GREAT BRITAIN. 


1 questions arising between the United States and the Dominion 

2 of Canada. 

3 Article VII. 

4 The present Treaty shall be ratified by the President of the 

5 United States of America, by and with the advice and consent 

6 of the Senate thereof, and by His Britannic Majesty. The rati- 

7 fications shall be exchanged at Washington as soon as possible 

8 and the Treaty shall take effect on the date of the exchange of 

9 its ratifications. It shall thereafter remain in force continuously 

10 unless and until terminated by twenty-four months’ written 

11 notice given by either High Contracting Party to the other. 

12 In faith whereof the respective Plenipotentiaries have signed 

13 this Treaty in duplicate and have hereunto affixed their seals. 

14 Done at Washington the third day of August, in the year of 

15 our Lord one thousand nine hundred and eleven. 

[seal.] Philander C. Knox, 

[seal.] James Bryce. 

I certify that the foregoing is a true copy of the original treaty this 
day signed. 

Philander C. Knox, 

Secretary of State. 

August 3, 1911. 

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LIBRARY OP CONGRESS 






















